HomeMy WebLinkAbout2022-10-18; City Council; Resolution 2022-246RESOLUTION NO. 2022-246
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH PROSIO COMMUNICATIONS, INC., FOR
ADDITIONAL TRAFFIC SAFETY AND MOBILITY PUBLIC EDUCATION SERVICES
WHEREAS, on Sept. 15, 2022, the City of Carlsbad entered into a professional services
agreement with Prosio Communications, Inc., for traffic safety and mobility public education services,
in an amount not to exceed $98,000; and
WHEREAS, at its meeting on Sept. 27, 2022, the City Council voted to continue over a dozen
new initiatives to address traffic safety, including expanding public education efforts; and
WHEREAS, staff recommend that the City Council authorize the cost for additional traffic safety
and mobility public education services to develop a community commitment campaign and
partnerships with schools, businesses, community groups and mobility organizations, in an amount not
to exceed $52,000 and also recommend that the City Council authorize the procurement of these
additional services from Prosio Communications, Inc. consistent with Carlsbad Municipal Code Section
3.28.040(D)(5); and
WHEREAS, staff and Prosio Communications, Inc. desire to amend the Agreement for additional
public education services in an amount not to exceed $52,000, with a total agreement in an amount
not to exceed $150,000; and
WHEREAS, Prosio Communications, Inc. has years of experience developing and implementing
traffic safety education efforts, allowing them to advise the city on data-driven and research-based
strategies and messaging to encourage safe behaviors among all road users; and
WHEREAS, the City Planner has determined this action does not constitute a "project" within
the meaning of the California Environmental Quality Act, or CEQA, under California Public Resources
Code Section 21065 in that it has no potential to cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment and therefore
does not require environmental review.
Exhibit 1
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the Mayor is authorized and directed to execute Amendment No. 1 to the Agreement
with Prosio Communications, Inc., which is attached hereto as Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of City Council of the City of Carlsbad
on the 18th day of October, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MATT HALL, Mayor
j!N r.FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
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DocuSign Envelope ID: 7E4DF9E8-D013-4F25-99AB-C0D282DAC803
Attachment A
AMENDMENT NO. 1 TO AGREEMENT FOR
TRAFFIC SAFETY & MOBILITY PUBLIC EDUCATION SERVICES
PROSIO COMMUNICATIONS, INC.
+"""
This Amendment No. 1 is entered into and effective as of the ').,O day of Owwd , 2022, amending the agreement dated September 15,
2022, (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"),
and Prosio Communications, Inc., a corporation ("Contractor") (collectively, the "Parties").
RECITALS
A. On September 15, 2022, the Parties executed the Agreement for traffic safety and
mobility public education services; and
B. The Parties desire to alter the Agreement's scope of work to reflect additional traffic
safety educational efforts included in the Safer Streets Together draft plan presented to the City
Council Sept. 27, 2022. The Parties also desire to increase the annual compensation by no more
than an additional fifty-two thousand dollars ($52,000.00) per agreement year, bringing the total
annual amount not to exceed one hundred fifty thousand dollars ($150,000.00) per agreement
year; and
C. The Parties have negotiated and agreed to a supplemental scope of work and,
which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and
Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the total annual Agreement amount shall not exceed one hundred fifty thousand
dollars ($150,000.00).
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed one hundred fifty thousand dollars
($150,000.00) per Agreement year. Contractor will provide City, on a monthly basis, copies of
invoices sufficiently detailed to include hours performed, hourly rates, and related activities and
costs for approval by City.
3. Contractor will complete all work described in Exhibit "A" by September 15, 2025.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
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DocuSign Envelope ID: 7E4DF9E8-D013-4F25-99AB-C0D2B2DAC803
6. The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
PROSIO COMMUNICATIONS, INC.
By:
By:
LORIO PROSIO
President
LORIO PROSIO
Secretary
CITY OF CARLSBAD, a municipal
corporation of the State of California
Mayor
ATTEST:
~ f FAVIOLA MEDINA
City Clerk Services Manager
If required by City, proper notarial acknowledgment of execution by Contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
{ji,Jic, b. ~ BY: ___________ _
Deputy / Assistant City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Public Education Services
Provide public education services under the direction of the Director of Communication &
Engagement or her designee on an as needed basis to support safe behaviors among all
road users, including:
• Develop proposed public education strategies to achieve city traffic safety and mobility
objectives.
• Develop and implement a community commitment program that provides an
opportunity for community members to publicly proclaim their commitment to safe
behaviors and encourage others to do the same. Could include an online pledge form,
yard signs, stickers and other promotional efforts.
• Explore partnership opportunities with schools and school districts serving Carlsbad.
Present options to city staff for consideration. Finalize partnership plans and support
city staff in implementing the plans, which could include informational materials,
events, special assemblies and other similar awareness building activities.
• Explore partnership opportunities with mobility organizations serving Carlsbad.
Present options to city staff for consideration. Finalize partnership plans and support
city staff in implementing the plans, which could include local trainings and workshops,
public service announcements, presentations to groups and other joint communication
efforts.
• Explore partnership opportunities with businesses in Carlsbad. Present options to city
staff for consideration. Finalize partnership plans and support city staff in
implementing the plans, which could include point of purchase displays, signage,
social media sharing and other cross promotions.
• Assist in the development of digital and print educational materials.
• Assist with implementation of approved plans and strategies, which could include:
o Special event and public meeting planning and coordination
o Copy writing and graphic design
o Content development for targeted media and other distribution channels
o Video script writing and creative concept development
• Project management and ongoing strategic counsel
City staff to handle the following:
• Video production
• Website and social media management
• Reviewing and approving all work products
• Paying for hard costs such as printing and production items.
Other Considerations
• Written work products must follow the City of Carlsbad writing style guidelines and be
free from Contractor logos or other branding elements.
• Contractor is responsible for alerting the city's project manager in advance in writing of
any out of scope requests before commencing work.
• Contractor will provide invoices to the city in a format specified by the Communication
& Enqaqement director.
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• Contractor must get approval in advance in writing from the Communication &
Engagement director prior to disclosing information about this contract or Contractor
activities on behalf of the city, including using this project for marketing purposes, case
studies, professional association presentations and any other purpose.
• Any creative/design products must conform of the City of Carlsbad brand guidelines.
All work products must be provided in the following file formats:
• Microsoft Word or Google Docs (for documents)
• Microsoft Excel or Google Sheets (for spreadsheets)
• Microsoft PowerPoint or Google Slides for presentations
Total not to exceed $150,000 per Agreement year billed at the following hourly rates:
President/CEO -$200
Vice President -$175
Director -$155
Senior Account Executive -$140
Content Development -$125
Account Executive -$125
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